Delaware Case Commentaries

Delaware Court Establishes Criteria for Dismissing Derivative Claims on Stock Option Backdating

Date: Feb 7, 2007

Delaware Court Establishes Criteria for Dismissing Derivative Claims on Stock Option Backdating Introduction The case of Walter E. Ryan, Jr. v. John F. Gifford et al. adjudicated in the Court of...

Delaware Chancery Court Reinforces Strict Contract Interpretation and Recognizes Civil Conspiracy Among Affiliated Entities

Date: Nov 23, 2006

Delaware Chancery Court Reinforces Strict Contract Interpretation and Recognizes Civil Conspiracy Among Affiliated Entities Introduction In Allied Capital Corporation v. GC-Sun Holdings, L.P., the...

Stone v. Ritter: Affirming Director Oversight Standards Under Caremark

Date: Nov 7, 2006

Stone v. Ritter: Affirming Director Oversight Standards Under Caremark Introduction Stone v. Ritter is a seminal case decided by the Supreme Court of Delaware on November 6, 2006. The case centers...

Reaffirmation of the "Credible Basis" Standard for Section 220 Inspections in Delaware Corporate Law

Date: Sep 26, 2006

Reaffirmation of the "Credible Basis" Standard for Section 220 Inspections in Delaware Corporate Law Introduction The case Frank D. Seinfeld, Plaintiff Below, Appellant, v. Verizon Communications,...

Clarifying the Finality of Dismissal Without Prejudice in Delaware Derivative Actions

Date: Sep 13, 2006

Clarifying the Finality of Dismissal Without Prejudice in Delaware Derivative Actions Introduction Braddock and Priceline.com, Inc. v. Zimmerman, 906 A.2d 776 (Del. 2006) represents a significant...

Impact of Prosecutorial Misconduct on Fair Trial: The Baker v. Delaware Precedent

Date: Aug 29, 2006

Impact of Prosecutorial Misconduct on Fair Trial: The Baker v. Delaware Precedent Introduction Baker v. State of Delaware, 906 A.2d 139 (Del. 2006), is a landmark case adjudicated by the Supreme...

Direct Claims Empowerment for Minority Shareholders in Fiduciary Breach Cases: Insights from Gentile v. Rossette

Date: Aug 18, 2006

Direct Claims Empowerment for Minority Shareholders in Fiduciary Breach Cases: Insights from Gentile v. Rossette Introduction Gentile v. Rossette, et al. is a landmark decision by the Supreme Court...

Reaffirmation of Fiduciary Duty Protections for Directors under the Business Judgment Rule: Trenwick America Litigation Trust v. Ernst Young and Others

Date: Aug 11, 2006

Reaffirmation of Fiduciary Duty Protections for Directors under the Business Judgment Rule: Trenwick America Litigation Trust v. Ernst Young and Others Introduction The case of Trenwick America...

Delaware Supreme Court Clarifies 'Vilification' and 'Personal Attacks' under Master Settlement Agreement

Date: Jul 18, 2006

Delaware Supreme Court Clarifies 'Vilification' and 'Personal Attacks' under Master Settlement Agreement Introduction In the landmark case Lorillard Tobacco Company v. American Legacy Foundation,...

Standards for Prosecutorial Conduct and Evidence in Violation of Probation Hearings: Analysis of Kurzmann v. State of Delaware

Date: Jul 14, 2006

Standards for Prosecutorial Conduct and Evidence in Violation of Probation Hearings: Analysis of Kurzmann v. State of Delaware Introduction In the case of Michael H. Kurzmann v. State of Delaware,...

Dover Historical Society v. City of Dover Planning Commission: Clarifying the 'Bad Faith' Exception to the American Rule

Date: Jul 11, 2006

Dover Historical Society v. City of Dover Planning Commission: Clarifying the 'Bad Faith' Exception to the American Rule Introduction Dover Historical Society, Inc., Henry R. Horsey, Holly Johnson,...

Delaware Supreme Court Upholds Probable Cause Standards in Child Pornography Search Warrants: Analysis of Sisson v. State

Date: Jun 20, 2006

Delaware Supreme Court Upholds Probable Cause Standards in Child Pornography Search Warrants: Analysis of Sisson v. State Introduction Sean M. Sisson, the defendant, was convicted on multiple counts...

Delaware Supreme Court Upholds Directors' Good Faith and Business Judgment in Executive Termination Case

Date: Jun 9, 2006

Delaware Supreme Court Upholds Directors' Good Faith and Business Judgment in Executive Termination Case Introduction The case of IN RE THE WALT DISNEY COMPANY Derivative Litigation, adjudicated by...

Delaware Supreme Court Upholds Fraud Claims in Corporate-Owned Life Insurance Litigation

Date: Jun 7, 2006

Delaware Supreme Court Upholds Fraud Claims in Corporate-Owned Life Insurance Litigation Introduction In the case of Wal-Mart Stores, Inc. v. AIG Life Insurance Company, the Supreme Court of Delaware...

State v. Wilson: Establishing the Distinction Between Illegal Sentences and Illegally Imposed Sentences Under Delaware Rule 61

Date: May 10, 2006

State v. Wilson: Establishing the Distinction Between Illegal Sentences and Illegally Imposed Sentences Under Delaware Rule 61 Introduction State v. Wilson is a pivotal case adjudicated by the...

Affirmation of Business Judgment Rule and Stockholder Ratification in GM-Hughes Litigation

Date: Mar 21, 2006

Affirmation of Business Judgment Rule and Stockholder Ratification in GM-Hughes Litigation Introduction The case In re General Motors (Hughes) Shareholder Litigation, adjudicated by the Supreme Court...

Delaware Supreme Court Upholds Court’s Authority on Substantive Arbitrability in LLC Disputes

Date: Mar 15, 2006

Delaware Supreme Court Upholds Court’s Authority on Substantive Arbitrability in LLC Disputes Introduction The case of James Jackson, LLC v. Willie Gary, LLC (906 A.2d 76) adjudicated by the Supreme...

Affirmation of Strict Standards on Proxy Disclosures in Corporate Mergers: In re J.P. Morgan Chase Co. Shareholder Litigation

Date: Mar 9, 2006

Affirmation of Strict Standards on Proxy Disclosures in Corporate Mergers In re J.P. Morgan Chase Co. Shareholder Litigation Introduction The case of In re J.P. Morgan Chase Co. Shareholder...

Delaware Chancery Court Establishes Limits on Contractual Liability and Upholds Rescission for Intentional Fraud in ABRY Partners v. F W Acquisition

Date: Feb 15, 2006

Delaware Chancery Court Establishes Limits on Contractual Liability and Upholds Rescission for Intentional Fraud in ABRY Partners v. F W Acquisition Introduction The case of ABRY Partners v. F W...

Delaware Superior Court Establishes Healthcare Providers Cannot Invoke Primary Assumption of Risk in Negligence Claims

Date: Dec 30, 2005

Delaware Superior Court Establishes Healthcare Providers Cannot Invoke Primary Assumption of Risk in Negligence Claims Introduction The case of JoAnn STORM, indi v. NSL Rockland Place, LLC (C.A. No....

Previous Next